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Apple to pay Samsung damages in Netherlands

Infringed one 3G patent on 5 million devices.

A Dutch court has ordered Apple to pay Samsung unspecified damages after finding the iPhone and iPad maker infringed patents held by its rival.

The court found Apple had infringed Samsung's patents relating to the 3G mobile broadband standard in the manufacturer of its iPhone 3G, 3GS, 4 as well as the first and second Ipads. Up to five million devices sold in the Netherlands were affected by the suit.

However, the court said that out of four patents the South Korean company claimed Apple was violating, only one is infringing. The other three patent claims were rejected by the court, disallowing Samsung's claims that the court place an injunction blocking sales of Apple devices in the Netherlands.

Though the damages bill was unspecified, it should be based on Dutch sales figures since August 4, 2010, which the court said was the date when Apple could have known it was violating Samsung's patent.

Apple said it had offered to pay licensing fees for the patent, but Samsung declined.

The court ordered Samsung accept Apple’s offer and that both parties pay their own legal costs.

"We will be seeking damages. The amount of damages will be determined by the court, following the relevant court proceedings," a Samsung spokeswoman said.

Samsung added that the ruling relates only to the Netherlands and does not have any binding effect for future rulings in other countries.

An Apple spokesman had no immediate comment.

Samsung is battling Apple in Australian courts with both vendors attempting to block the sale of competing devices. In June this year, Samsung took the unprecedented step of suing the Australian Patent Commissioner, seeking a judicial review of four patents that it claims were inappropriately granted to Apple between 2009 and 2010.

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